ASHLEAY VESPER
v.
U.S. BANK NATIONAL ASSOCIATION, ETC.
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An order determining entitlement to attorney's fees but deferring the determination of amount is not ripe for appellate review.
[1] An order determining a party's entitlement to attorney's fees but deferring determination of the amount and reserving jurisdiction to determine it is not ripe for appella…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is well settled that an order determining entitlement to attorney's fees but not an amount is not ripe for appellate review.”
The court's statement of the controlling legal principle regarding ripeness of attorney's fees awards for appellate review.
The trial court entered a final judgment of foreclosure in favor of U.S. Bank National Association as trustee. The trial court found the bank entitled…
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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ASHLEAY VESPER, Appellant,
v.
U.S. BANK NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE FOR THE RMAC TRUST, SERIES 2016-CTT, Appellee.
No. 4D2024-1152
[November 12, 2025]
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Marina Garcia-Wood, Judge; L.T. Case No. CACE18- 018279.
Alexis Fields of Kopelowitz Ostrow Ferguson Weiselberg Gilbert, Fort Lauderdale, for appellant.
Alec P. Hayes of Troutman Pepper Locke LLP, Atlanta, Georgia, for appellee.
EWEN, LILLIAN, Associate Judge.
The appellant takes this appeal from a final judgment of foreclosure in the bank’s favor. The trial court found that the bank is entitled to an award of attorney’s fees and costs, but the trial court deferred ruling and reserved jurisdiction to determine amount. On appeal, the appellant argues only that the trial court erred in awarding fees.
It is well settled that an order determining entitlement to attorney’s fees but not an amount is not ripe for appellate review. Mark v. Watler, 379 So. 3d 1190 (Fla. 4th DCA 2024); Keldie v. Dennstedt, 330 So. 3d 61, 62 (Fla. 4th DCA 2021); Dania Beach Boat Club Condo. Ass’n, Inc. v. Forcier, 290 So. 3d 99, 102 (Fla. 4th DCA 2020). Therefore, we dismiss the appeal as it relates to the challenge to the attorney’s fees award without prejudice and affirm the final foreclosure judgment.
Affirmed in part, dismissed in part without prejudice.
2
KUNTZ, C.J., and MAY, J., concur.
* * *
Not final until disposition of timely-filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mark, 290 So. 3d 99 (Fla. 4th DCA 2024)
- Alyette Keldie v. Dennstedt, 330 So. 3d 61 (Fla. 4th DCA 2021)